Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-01
APPLICATION ron PATENT.

APPLICATION FoR PATENT.
Where papers have once been filed with the
Register and Receiver they become Q part Of
returned, but must be transmitted to the Gen
eral Land ONCE.
An application will be rejected when the
scription of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~Second-fhe notice was not published In Q
new designated ~ published nearest the
claim.
Third--Record title was found defective,
and
Fourth--A previous application had been
made Tor the same promises, which was with
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define tbs
boundaries OF the claim.
Where the claim was not located in accord
ance with law.
Where several parties own separate and dis
tinct portions Of q claim, application for
patent may be made by either for tn ct portion
OF the claim owned by him but where soyersl
parties own undivided interests In . mining
claim all should Join In an application for .
patent.
A person or association may purchase a.
many placer locations ~ the local Law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
| their boundaries
Papers sworn TO before any person purport.
ing to act ~ Q deputy for the Register and Re-
ceiver cannot be recorded - evidences.
In all patents for mining claims situated
within the interior boundaries of Q town site
1 N -I..a d ..A-s
all town property, rights upon the surface,
and all houses, buildings, structures, lots,
blocks, streets. alleys or other municipal i'm
provements not belonging TO the grantee here
In. and all rights necessary or proper TO the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made u only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspaper. and In daily
newspapers 60 days must elapse between the
hr-t and last Insertions.
Where the Register designates the daily issue
OF q newspaper for publication OF notices Of q
mining application for patent IL Is not a COM
pliance with Law to change to the weekly sdi-
tion Of the same paper without authority Of
| the Register.
The existence Of o salt spring on Q tract Of
land withdraws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agriculture
character of such land 10 not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADvKRsE CLAIMS.
Adverse claimants must Ale . separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
by such adverse claimant.
| The papers In an adverse claim, onco hled
cannot be Withdrawn. but becomes . part Of the
record.
When an adverse claim has been filed II can.
not be amended SO az to embrace . larger per.
ton of the promises than that described in tue
original adverse claim.
An adverse claim must be made out In
proper form and MED In the proper local ofic
during the period Of publication Of the appii.
cation for the patent to DO effective.
| II is the duty OF the adverse claimant o
commence suit In proper form within the re-
quired time. and IL he trusts The uncertain
medium Of the United States mail he must
abide the consequences should the Delay
ensue, through misfortune or accident. Should
the failure to suit be the result Of
the cor rupt or dishonest action Of his attorney.
the Interior Department cannot redress the
wrong.
tail the facts upon which he bases his adverse
claim. A statemen. In general terms, embody.
ing conclusions OF law, without stating the
facts specially, will not be considered in evi.
dence.
An adverse claimant should show . compli.
ance with the local laws IN recording his clsim
and In regard to expenditures. aid shall ME .
copy Of the original notice Of his location, aud
show the nature or extent Of the conflict
alleged.
An allegation Of parties to 9 suit that they
compose the company 10 sufficient. and they
are not required to prove that they are thu
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is OF little, II any value, for spri.
cultural purposes, but fs essential to the
proper development Of mining claims, II
should be disposed OF under the Mining Act.
where lands containing valuable mineral
entry, said entry will be cancelled 81 any time
prior to issuance of patent, Upon satisfsctory
evidence OF the existence of such valuable de-
posits.
Where valuable deposits of mineral are dis.
covered upon . tract sitter the samG aas been
entered ~ agricultural. but before sent has
been issued, the parties claiming the mine
may make application for patent for same,
that portion of the land embraced by ssid
mining claim.
Where mineral deposits are discovered ON
agricultural lands after the patent has been
issned TO an agricnltursl claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
A foreigner may make q mining location
dispose OF 1t. provided he becomes . citizen
before disposing OF the mine. Proof that the
party was not . citizen before disposing Of hts
claim must be afirmstively shown.
Locators and intermediate owners, other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance of patent.
IN portion OF q mining claim sold 10 an
alien cannot be patented whilo such owner 10
an alien; but on his declarations o become 9
citizen his right dates back to his purchase.
patent for his claim.
CROSS LKDaRs.
Revised Statutes. Section 1885:
where " or moro lodges cross or intersect
each other, priority Of title shall govern. and
sucn prior location shall be entitled TO all ore
or mineral Confined within the spacs Of i,tar.
section. but the subsequent location shall have
the right OF way through the space Of inter.
section for the purpose Of the convenient
WOTkinR of this NINA ArA x.ka-A